STATE OF OKLAHOMA

2nd Session of the 47th Legislature (2000)

SENATE BILL 1086 By: Campbell

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 1991, Section 11-801, as last amended by Section 1, Chapter 328, O.S.L. 1999 (47 O.S. Supp. 1999, Section 11-801), which relates to basic maximum speed limits; setting the speed limit for truck-tractors on turnpikes and certain highways; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 47 O.S. 1991, Section 11-801, as last amended by Section 1, Chapter 328, O.S.L. 1999 (47 O.S. Supp.

1999, Section 11-801), is amended to read as follows:

Section 11-801. A. Any person driving a vehicle on a shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the , surface and width of the highway and any other conditions then existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.

B. Except when a special hazard exists that requires lower speed for compliance with subsection A of this section, the limits specified in this act or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits:

1. Seventy-five (75) miles per hour in locations comprising:

a. the turnpike system, and

b. rural segments of the interstate highway system, as

may be designated by the Transportation Commission.

Req. No. 2356 Page 1 Provided, however, the Commission shall determine

prior to the designation of such segments that the

public safety will not be jeopardized;

2. Seventy (70) miles per hour in locations which are:

a. four- divided highways including, but not limited

to, the interstate highway system, and

b. super two-lane highways. As used in this section, a

super two-lane highway shall mean any two-lane highway

with designated passing , and consisting of paved

shoulders not less than eight (8) feet in width.

3. Sixty-five (65) miles per hour in other locations;

4. No person shall drive a school bus at a speed greater than a maximum of fifty-five (55) miles per hour on paved two-lane highways except on turnpikes and interstate highways where the maximum shall be sixty-five (65) miles per hour;

5. On any highway outside of a municipality, the speed limit in a properly marked school zone shall be a maximum of twenty-five (25) miles per hour, provided the zone is marked with appropriate warning signs placed in accordance with the latest edition of the Manual on

Uniform Traffic Control Devices. The Oklahoma Department of

Transportation may determine on the basis of an engineering and traffic investigation that a speed limit higher than twenty-five

(25) miles per hour may be reasonable and safe under conditions as they exist upon a highway, and post an alternative school zone speed limit. The Department of Transportation shall mark such school zones, or entrances and exits onto highways by buses or students, so that the maximum speed provided by this section shall be established therein. Exits and entrances to controlled-access highways which are within such school zones shall be marked in the same manner as other highways. The county commissioners shall mark such school zones along the county so that the maximum speed provided by this section shall be established therein. Said signs may be either

Req. No. 2356 Page 2 permanent or temporary. The Department of Transportation shall give priority over all other signing projects to the foregoing duty to mark school zones. The Department shall also provide other safety devices for school zones which are needed in the opinion of the

Department;

6. No person shall drive any vehicle at a greater maximum speed than twenty-five (25) miles per hour or a posted alternative school zone speed limit through state schools located on the state-owned land adjoining or outside the limits of a corporate city or town where a state educational institution is established;

7. No person shall drive any vehicle on a highway in any state park or wildlife refuge at a rate of speed in excess of thirty-five

(35) miles per hour. Provided, however, that the provisions of this section shall not include the State Capitol park area, and no person shall drive any vehicle at a rate of speed in excess of forty-five

(45) miles per hour on any state or federal designated highway within such areas; and

8. No person shall drive any vehicle or combination of vehicles with solid rubber or metal tires at a speed greater than the maximum of ten (10) miles per hour; and

9. Notwithstanding any other provision of law, no person shall drive a truck-tractor as defined by Section 1-183 of this title at a speed in excess of sixty-five (65) miles per hour on:

a. the turnpike system, and

b. the interstate highway system, four-lane divided

highways, and undivided highways.

The maximum speed limits set forth in this act may be altered as authorized in Sections 11-802 and 11-803 of this title.

C. The Transportation Commission is hereby authorized to prescribe maximum and minimum speeds for all vehicles and any combinations of vehicles using controlled-access highways. Such regulations shall become effective after signs have been posted on

Req. No. 2356 Page 3 these highways giving notice thereof. Such regulations may apply to an entirely controlled-access highway or to selected sections thereof as may be designated by the Transportation Commission. It shall be a violation of this section to drive any vehicle at a faster rate of speed than such prescribed maximum or at a slower rate of speed than such prescribed minimum. However, all vehicles shall at all times conform to subsection A of this section.

Copies of such regulations certified as in effect on any particular date by the Secretary of the Transportation Commission shall be accepted as evidence in any court in this state. Whenever changes have been made in speed zones, copies of such regulations shall be filed with the State Commissioner of Public Safety.

D. The driver of every vehicle shall, consistent with the requirements of subsection A of this section, drive at an appropriate reduced speed when approaching and crossing an or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when driving upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions.

E. 1. No person shall drive a vehicle on a county at a speed in excess of fifty-five (55) miles per hour unless posted otherwise by the board of county commissioners, as provided in subparagraphs a through c of this paragraph, as follows:

a. the board of county commissioners may determine, by

resolution, a maximum speed limit which shall apply to

all county roads which are not otherwise posted for

speed,

b. the board of county commissioners shall provide public

notice of the speed limit on all nonposted roads by

publication in a newspaper of general circulation in

Req. No. 2356 Page 4 the county. The notice shall be published once weekly

for a period of four (4) continuous weeks, and

c. the board of county commissioners shall forward the

resolution to the Director of the Department of

Transportation and to the Commissioner of Public

Safety.

2. The Department of Transportation shall post speed limit information, as determined pursuant to the provisions of subparagraphs a through c of paragraph 1 of this subsection, on the county line marker where any state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a county.

The signs shall read as follows:

ENTERING ______COUNTY

COUNTY ROAD SPEED LIMIT

____ MPH

UNLESS POSTED OTHERWISE

The appropriate board of county commissioners shall reimburse the Department of Transportation the full cost of the signage required herein.

SECTION 2. This act shall become effective November 1, 2000.

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